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(영문) 대전지방법원 2015.10.21 2015고단3223
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 2, 2015, from around 13:10 to 13:20, the Defendant: (a) from the discharge from active service in Daejeon Dong-dong-dong-dong to the front of the Aude tape located in Tae-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Accordingly, the defendant committed an indecent act against the victim in the public communication means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (investigation into video images);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant and his defense counsel asserted that the defendant committed the crime of this case where the defendant lacks the intent or ability to discern things due to mental disorder, etc. of the defendant's mental disorder, etc. under the proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's risk of recidivism, the type, motive, process of the crime of this case, the seriousness of the crime, the defendant's age, occupation, disclosure order or notification order, the degree and expected side effects of disadvantage and side effects of the defendant's entrance, the prevention of sexual crime subject to registration that may be achieved due to such mental disorder, etc., and the effect of protection of the victim. Thus, according to the records, the defendant's mental disorder of this case is acknowledged to have suffered from mental disease of Grade III and Mad-Se-Se-Se-Se-Se-Se-kak, but comprehensive consideration of the motive and background, the defendant's criminal act method and attitude of the defendant, the contents and attitude of the defendant's statement in this court.

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